The Legal Impact of the COVID-19 Pandemic on the Exemption of International Road Freight Carriers from Contractual Liability: A Comparative and Analytical Study

Since the end of December 2019, when the Coronavirus (COVID-19) outbreak first emerged in Wuhan, China, the international community has faced an unprecedented global health crisis.By early 2020, the pandemic had spread rapidly across continents, resulting in millions of infections and a significant number of fatalities.Beyond its severe human toll, the pandemic profoundly disrupted global economic activity, particularly the transportation sector, which constitutes a fundamental pillar of international trade and supply chains.International road transport of goods was among the sectors most affected by restrictive governmental measures such as border closures, lockdowns, curfews, and quarantine requirements.These exceptional circumstances raised complex legal questions regarding the contractual liability of international road freight carriers, especially in cases of loss, damage, or delay in the delivery of goods.Given the novelty and scale of the COVID-19 pandemic, existing legal frameworks were confronted with unprecedented challenges in determining whether such a global health emergency could be classified as force majeure or an exceptional circumstance justifying exemption from liability.This study examines the extent to which the COVID-19 pandemic affects the contractual liability of international road carriers of goods.It seeks to determine whether the pandemic and the measures adopted to combat it may constitute force majeure under international conventions, comparative legislation, and national laws, thereby relieving carriers from responsibility.Relying on a descriptive, analytical, and comparative methodology, the research analyzes the legal foundations of carrier liability under international road transport instruments, particularly the Convention on the Contract for the International Carriage of Goods by Road (CMR), alongside comparative legal approaches and judicial trends.The study concludes that while the COVID-19 pandemic may, in certain circumstances, qualify as force majeure, exemption from liability is not automatic.Rather, it depends on the fulfillment of specific legal conditions, including unpredictability, irresistibility, and the absence of fault on the part of the carrier.The paper highlights the need for a nuanced legal assessment that balances contractual stability with the realities of global crises.